C.U.S.D.#80 - Weinberg Elementary - School-Age

AAC R9-5-742.B. B. Except as provided in subsection (D) a licensee shall ensure that an outdoor activity area: 1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance officer's observation, on the School Age Playground, the following hazards were accessible to enrolled children: *There was a 12-inch gouge in the rubber surfacing underneath the swings. *The metal gate on along the south fence was rusted and exposed, sharp metal.”

AAC R9-5-733.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer's observation, the caulking around the toilets in the following areas was ripped and torn away: *Girls' toilet room: The caulking around the first four toilets. *Boys' toilet room: The caulking around the middle three toilets.”

AAC R9-5-742.D. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observation, on the Playground, the fall zone under the swings lacked 3-inches of the required 6-inches of wood chip resilient surfacing.”

AAC R9-5-721.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officer's observations, the facility lacked a current violation-free fire inspection report. The report provided expired on 12/23/2025.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the facility lacked documentation of a current violation-free fire inspection.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Findings: Based on Compliance Officer's observation, the boys restroom had an accumulation of wet, wadded toilet paper stuck to the walls and ceiling of the restroom.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on Compliance Officer's observation, there was food waste in a blue trash can that lacked a cover.”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on Compliance Officer's observation, there was a 12 inch gouge in the resilient surfacing on the eastern playground that created a tripping hazard near the playground equipment.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on CO's observations and a review of facility documentation, in Room 39, there were 10 children present in the classroom and a roster was not available for review.”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on CO's observations, the outdoor areas were not maintained free from hazards and accessible to enrolled children: **School-Age (east) - 12"x12" hole of rubber surfacing chipping; playground structure pole missing a cap; heavy dirt build-up at the 2 slide hoods **Preschool (west) - 4 picnic tables with cracked, open holes on the seats and tabletops”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on CO's observations and a review of facility documentation, 3 (Child #1, Child #5, Child #6) of 15 Emergency Information and Immunization Record cards reviewed lacked documentation of immunizations or an exemption affidavit.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on Compliance Officer's (CO) observations and a review of facility documentation, 4 of 15 Emergency Information and Immunization Record cards reviewed lacked the following required information: **Child #1 - Health care provider phone number **Child #2, Child #3 - 2nd emergency contact (2 of 3 contacts same as parents') **Child #4 - Health care provider name and phone number”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on CO's observations, in the restrooms used by enrolled children in the Multi-Purpose room and at the west restrooms near the Preschool playground, the caulking at the base of the toilets was cracking and covered with dark build-up.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on CO's observations and a review of facility documentation, the facility lacked a current, violation-free fire inspection. The fire inspection reviewed had expired on 02/16/2023.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Findings: Based on CO's observations, in Room 39, there was an unmounted fan accessible to enrolled children.”

AAC R9-5-605.B.15. B. A licensee shall ensure that:15. If the local fire jurisdiction requires a sprinkler system, the sprinkler system is: a. Installed, b. Operable, c. Tested quarterly, and d. Serviced at least once every 12 months;

“Findings: Based on CO's observations and a review of facility documentation, the facility lacked documentation of sprinkler service inspection in the last 12 months.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on CO's observations, the resilient material (wood chips) in the fall zones of the 2 playground areas were not maintained as required: **School-Age (east) - lacked 3" of the required 6" at the swings **Preschool (west) - lacked 5" of the required 6" at the slide”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information, as applicable: a. If the intended change affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. If the facility is located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on Compliance Officers' observations, Rooms 30, 31, and 37 were unlicensed spaces and being used by enrolled children. A space utilization change application for these spaces had not been submitted by the Licensee.”

AAC R9-5-508.C. C. If a licensee provides food, a licensee shall prepare and serve food according to the meal pattern requirements found in Table 5.1, "Meal Pattern Requirements for Children."

“Findings: Based on COs' observations and a review of facility documentation, lunch served to enrolled children on a field trip to the Wildlife World Zoo lacked a vegetable and a fruit component.”

AAC R9-5-518.A.1. A. A licensee providing a field trip for an enrolled child shall: 1. Obtain written permission from a parent before the enrolled child participates in a field trip including: a. The date and description of the field trip; b. The times of departure from and return to the facility; and c. The name, street address, and telephone number, if any, of the field trip destination;

“Findings: Based on COs' observations and a review of facility documentation, the written permission slips for field trips lacked the times of departure from and return to the facility.”

AAC R9-5-518.E. E. A licensee shall also ensure that each enrolled child is wearing out of view a written identification stating the enrolled child's name.

“Findings: Based on COs' observations, a review of facility documentation and staff interview, enrolled children on a field trip to the Wildlife World Zoo, lacked out-of-view identification with their names. Staff stated that enrolled children did not have this information on them during the field trip.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on COs' observations, the following activity areas failed to maintain rosters as required: **Multi-Purpose room (group 7) - 27 children present; 26 children on roster **Stage (group 5) - 17 children present; 23 on roster”